While the skirmish lines are forming in Congress over President
Obama’s nomination of a successor to the late Supreme Court Justice
Antonin Scalia – the president first will have to make his choice known
before the battle can be joined.
Though Obama had not been expecting to make a Supreme
Court nomination in the final months of his second term, Scalia’s death
triggers a rigorous selection process that begins with an informal list
of nominees this administration -- and those before it -- keep in the
event of a sudden vacancy. Serious vetting only begins, however, when a
vacancy occurs or is announced.
And Obama will have plenty of names from which to
choose. While not an official “short list,” the following list of
potential nominees is based on past nominations and discussions with
sources, including government officials involved in the selections of
Justices Sonia Sotomayor and Elena Kagan:
Loretta Lynch, attorney general
The North Carolina native became the nation’s top law
enforcement officer last year, after a bitter confirmation fight in the
Senate. She served two stints as the U.S. attorney for the Eastern
District of New York, earning a reputation as a tough prosecutor in
several high-profile financial and terrorism-related cases. Most
recently in the AG role, she filed a civil rights lawsuit against the
Ferguson, Mo., Police Department over what she called its
unconstitutional violation of the rights of the largely minority
community. If successfully nominated, the daughter of a Baptist minister
and a school librarian would be the first African-American woman on the
high court.
Judge Patricia Millett, U.S. Court of Appeals for the District of Columbia Circuit
Millett was named in 2013 to a bench considered a
stepping stone to the high court -- where four current justices once
served. Formerly a private Washington-based appellate attorney -- Obama
called her "one of the nation's finest"-- who also had more than a
decade of experience in the U.S. Solicitor General's office, Millett
argued 32 cases before the Supreme Court, the second-most ever for a
female lawyer. Sources of both ideological stripes call her fair-minded,
no-nonsense and non-ideological.
Judge Sri Srinivasan, U.S. Court of Appeals for the District of Columbia Circuit
Srinivasan was named to the court in 2013, months
before Millett joined him. The son of Indian immigrants – who was born
in India and raised in Kansas -- Padmanabhan Srikanth Srinivasan was the
principal deputy solicitor general at the Justice Department, and
argued more than two dozen cases before the Supreme Court. He would be
the high court's first Asian-American. Known as low-key, practical and
non-ideological, he may not excite many progressives, or give
conservatives much to dislike.
Judge Paul Watford, 9th Circuit U.S. Court of Appeals
Watford was named to the appeals court in 2012. He
clerked for conservative-libertarian federal Judge Alex Kozinski on the
9th Circuit, and later for liberal Justice Ruth Bader Ginsburg.
Supporters call the Orange County, Calif., native an ideological
moderate, which may not sit well with progressives seeking a stronger
liberal voice.
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